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Reports and papers

Reports and papers about criminal and civil law matters are available from this page.

Select a link below to browse papers in each jurisdiction.

Civil law reports and papers

Review of the Delivery of Legal Assistance Services to the NSW Community

The Department of Attorney General and Justice has completed its Review of the Delivery of Legal Assistance Services to the NSW Community (PDF, 914 KB).

The Review contains 18 recommendations to improve legal assistance services in NSW, including in relation to targeting legal assistance services to legal needs, strengthening non-legal pathways to legal assistance services, coordinating legal assistance services, reviewing the Legal Aid NSW means test and supporting lawyers working in regional, rural and remote areas.

The NSW Government has endorsed the recommendations of the Review.

A Fairer Fine System for Disadvantaged People - Evaluation Report

May 2011: The NSW Department of Attorney General and Justice has released an evaluation report on voluntary enforcement, cautions, internal review, and the work and development order pilot - A Fairer Fine System for Disadvantaged People - Evaluation Report [PDF, 1340kb].

In response to this report, the NSW Government has decided that the work and development order scheme will be made permanent. Most of the other recommendations made by the report have yet to be formally considered by the Government.

Government accepts IPART recommendations on fees charged by the Office of the Protective Commissioner

The Government has responded to the Independent Pricing and Regulatory Tribunal's (IPART's) Review of the Fees of the Office of the Protective Commissioner (OPC):

Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008

The Dust Diseases Claims Resolution Process (CRP) was established after the Review of Legal and Administrative Costs in Dust Diseases Compensation Claims conducted in 2004-2005. The CRP was reviewed in 2006, after data on its first 12 months of operation became available (the 2006 Review). The 2006 Review recommended a number of minor changes to the Regulation establishing the CRP. The recommended changes commenced operation in March 2007.

The 2006 Review recommended that consideration be given to a further review of the CRP, but preferably only where there had been sufficient experience using the CRP (perhaps in July 2008). As the CRP had been in operation for three years, it was decided to conduct that further review in December 2008.

The 2008 Review was to consider the overall operation of the CRP, and in particular:

the impact of the CRP on legal, administrative and other costs; and
whether further reforms should be implemented to reduce legal, administrative and other costs.

An Issues Paper was prepared to facilitate discussion for the 2008 Review. The Issues Paper also contains data in relation to the operation of the CRP during the 2007-08 financial year: Review of the Dust Diseases Claims Resolution Process - Issues Paper December 2008 [PDF, 1208kb].

Submissions from all stakeholders were sought, not only on the issues raised, but also on any other issues concerning the operation of the CRP. The closing date for submissions was Friday 20 February 2009.

Litigation Funding

In November 2005, the Standing Committee of Attorneys General (SCAG) agreed that further consultation and research should be undertaken into regulating the litigation funding industry.

A discussion paper has been prepared setting out the legal context of litigation funding, and some issues upon which comment was invited (Litigation funding Discussion Paper [PDF, 156kb] or Litigation funding Discussion Paper [MS Word doc, 112kb]).

Submissions closed on 14 September 2006.

Access to court information and documents

The Attorney General reviewed the policy relating to access to court information and documents: Review of the Policy of Access to Court Information - Discussion Paper [PDF, 228kb].

The purpose of the review was to articulate the policy in respect to access to court documents and information and to make proposals for change that promote greater certainty in relation to rights of access and a more consistent application of that policy. The review attempted to state in more definitive terms the rights of individuals to obtain access to court information having regard to the principle of open justice and privacy.

Submissions closed 14 July 2006.

Advocates' Immunity

The Standing Committee of Attorneys General agreed to review the common law position on advocates' immunity. A working party of State and Territory Government officers was established to assist it in considering the issues.

The working party developed an options paper which considered several options for reform: Advocates' Immunity Options Paper [PDF, 534kb].

Submissions closed 9 September 2005.

Unauthorised Photographs on the Internet And Ancillary Privacy Issues

The Standing Committee of Attorneys-General released a Discussion Paper, Unauthorised Photographs on the Internet and Ancillary Privacy Issues [PDF, 521kb] (or Unauthorised Photographs on the Internet and Ancillary Privacy Issues [MS Word doc, 287kb]).

The paper aims to identify the issues, including privacy issues, associated with unauthorised publication of photographs on the Internet; discuss the adequacy of existing State and Territory laws in their application to these issues; and identify legislative and non-legislative options to address these issues.

Submissions closed 14 October 2005.

The report of the NSW Legal Fees Review Panel on legal costs in NSW

The report of the NSW Legal Fees Review Panel on legal costs in NSW [PDF, 746kb]

An introduction to the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005

An Introduction to the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 [Word doc, 505kb]

Report on the Damien McEachern Review of the Justice System

Report on the Damien McEachern Review of the Justice System [MS Word doc, 138kb]

Criminal law reports and papers

2015

Review of offences relating to fatal car accidents on private property

The NSW Government appointed retired Justice, the Hon W.V. Windeyer AM RFD ED to conduct an independent review of offences relating to fatal car accidents on private property.

The review recommended that no new offence be created for negligent driving on private land causing death.

Review of Offences Relating to Fatal Car Accidents on Private Property [PDF, 9MB]

2013